The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing—or even offering—severance agreements containing overly broad confidentiality and non-disparagement provisions. This decision puts employers at a greater risk of unfair labor practice charges if they offer or attempt to enforce restrictive covenants that fail to meet its stringent standards.

A year later, the ramifications of McLaren Macomb are still developing.